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In re Village of Chubbuck

226 P.2d 484, 71 Idaho 60, 1950 Ida. LEXIS 228
CourtIdaho Supreme Court
DecidedDecember 22, 1950
DocketNos. 7663, 7664
StatusPublished

This text of 226 P.2d 484 (In re Village of Chubbuck) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Village of Chubbuck, 226 P.2d 484, 71 Idaho 60, 1950 Ida. LEXIS 228 (Idaho 1950).

Opinion

GIVENS, Chief Justice.

November 22, 1949, a petition reciting there were more than 125 actual residents of the territory described therein (about 160), and signed by a majority of the taxable inhabitants therein, was filed with the County Commissioners of Bannock County asking the incorporation of the described area, comprising some fifteen acres, as the Village of Chubbuck.

The County Commissioners were not in session at that time and thereafter and before any action ¡was taken upon the raid petition, a second petition covering & larger area, including the area described in the first, signed by a majority of the taxable inhabitants of the 500' actual residents of the area therein described, comprising some 345 acres, was filed asking for its incorporation.

Parenthetically (because of the imperative necessity of a correct description, City of Wardner v. Pelkes, 8 Idaho 333, 69 P. 64) we call attention to what appears to be a discrepancy between the designated distances on the map (Respondents’ Exhibit 3, attached hereto, modified to show by the broken lines in the center of the plat the area in the first petition and the heavy outside lines the boundaries of the area in the second petition) and the courses in the description, in this portion of the west line: “ * * * to the intersection with ‘Stuart Lateral’, thence N-42°00' — W along said lateral 650 ( ?) feet to the intersection with the South right-of-way of Chubbuck Road, thence S-89°29' — E along said right-of-way 575.0 feet to the intersection with the W 1/16 line of said section 10, * * (Emphasis ours.)

The designated distance south along the east line from Chubbuck Road to the south line of the proposed village is 1985.3 feet plus 661.0 feet or 2646.3 feet. From the south line north on the west side to Stuart Lateral is given as 1970 feet, thus the distance from the intersection with the Lateral north to Chubbuck Road would be 2646.3 [63]*63feet minus 1970 feet or 676.3 feet and, therefore, with the two sides of the purported right angle triangle first above noted, 575 feet east and west and the east side north and south 676.3 feet, the hypotenuse or course along the Stuart Lateral, to close, would have to be more than 650 feet.

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Related

City of Wardner v. Pelkes
69 P. 64 (Idaho Supreme Court, 1902)

Cite This Page — Counsel Stack

Bluebook (online)
226 P.2d 484, 71 Idaho 60, 1950 Ida. LEXIS 228, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-village-of-chubbuck-idaho-1950.